Both the on-line and the printed issue of The Economist (February,18th 2017), devote a long and well-argued article to the increasing plague of International Child Abduction. Multi-national families are often facing hard battles to avoid (in the best cases) or to manage (more often) dramatic break up. Kate Baggott and her two children live in … Continue reading The Economist focusing on International Child Abduction→

Last week (on January 27) the Official Gazette of Italian Law has published the final version of a Legislative Decree (D.Lgs. 19 gennaio 2017, n. 7) which finally provides the international law rules for the regulation of civil unions. This decree makes some important changes to the Italian act on private international law (L. 31 maggio … Continue reading Italy: Enacted the new Statute on civil Unions→

The CJEU case law on the Brussels II bis Regulation No ECLI identifier Name of the case and number in the register Interpreted instrument and relevant provision(s) Key terms Operative part of the judgment 1. EU:C:2007:714 C, C-435/06 Art. 1(1) of the Brussels II bis Regulation Judicial cooperation in civil matters – Jurisdiction, … Continue reading CJEU – Judgments→

The situation becomes more complicated when determining the applicable law, as the Regulation does not directly deal with conflict of laws, as it does not contain rules to determine which law applies to cross-border disputes. The general assumption is that in exercising their jurisdiction the authorities of the Contracting States shall apply their own law. … Continue reading Divorce and parental responsibility – Applicable law→